THE LACK OF LEGAL REGULATION OF THE STATUS OF INTERNALLY DISPLACED PERSONS AS A SYSTEMIC RISK TO THE PROTECTION OF HUMAN RIGHTS IN THE REPUBLIC OF ARMENIA
https://doi.org/10.59982/18294359-26.1-ta-11
Abstract
The article is devoted to the study of the problem of the absence of a legal status for internally displaced persons (IDPs) in the Republic of Armenia and the systemic risks this creates for the protection of human rights. Within the framework of the research, the formation of the legal statuses of refugees, political asylum seekers, and internally displaced persons in international law is analyzed, as well as their regulation in the national legislation of Armenia. Special attention is paid to the United Nations Guiding Principles on Internal Displacement, as well as to international judicial practice, particularly the approaches of the European Court of Human Rights regarding the protection of the right of return and the right to property. The research demonstrates that the absence of a legal status of “internally displaced person” in Armenian legislation creates legal uncertainty and leads to the incomplete application of mechanisms for the protection of the right of return, the right to property, and cultural identity. As a result, these rights are often replaced by administrative or social assistance programs, which do not provide full legal guarantees. The study substantiates that the legislative recognition of the status of IDPs is a necessary condition for ensuring legal certainty, fulfilling international obligations, and effectively protecting fundamental human rights in the Republic of Armenia.
Keywords: Internally displaced persons, asylum seeker, dilemma, forced migration, refugee legal status.
PAGES : 138-151